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PortsmouthLaw, Solicitor
Category: UK Property Law
Satisfied Customers: 255
Experience:  I have been a solicitor, dealing with property law issues since 1981
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If two married people are named on the property deeds but one

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If two married people are named on the property deeds but one dies before a will is made. what happens to the property in fuerteventura
Submitted: 6 years ago.
Category: UK Property Law
Expert:  PortsmouthLaw replied 6 years ago.

PortsmouthLaw :

Hi There are two ways of owning property jointly. You may either own it as joint tenants or as tenants in common. The word "tenant" here does not have the usual meaning given to it, of somebody who is renting property. If you own as joint tenants and one of the joint tenants dies, the property automatically belongs to the survivor. The deceased may have left a Will leaving his or her half share to somebody else. With a joint tenancy, that person will receive nothing. If on the other hand, you own as tenants in common and one of the owners dies, the deceased's share passes under the terms of his or her Will and does not go automatically to the survivor. If there is no Will, the share passes under the rules of intestacy. If you are married and own as tenants in common, the share may well pass to the surviving spouse, depending on its value and whether or not you have children. To check whether you own as joint tenants or tenants in common, go to the Land Registry's website and check the title to your property. If Part B, the Proprietorship Register shows just your names and addresses, you own as joint tenants. If Part B includes an entry " Restriction No disposition by a sole proprietor of the registered estate under which capital money arises is to be registered unless authorised by an order of the court" you own as tenants in common.

PortsmouthLaw :

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